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Johnson v. Rihanna

United States District Court, W.D. Pennsylvania

June 13, 2018

ASIA JOHNSON, Plaintiff,
v.
RIHANNA, Defendant.

          Bissoon District Judge.

          REPORT AND RECOMMENDATION

          LISA PUPO LENIHAN United States Magistrate Judge.

         I. RECOMMENDATION

         It is respectfully recommended that Plaintiff's Complaint, which was commenced in forma pauperis, be dismissed with prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B), as frivolous.

         II. REPORT

         A. Relevant Facts

         Plaintiff Asia Johnson (“Plaintiff”), proceeding pro se, filed this action against Defendant Rihanna invoking the Court's diversity jurisdiction. Plaintiff alleges “lost information/harassment” and states as follows:

My email and other ideas that are copywritten [sic] was sent to ROC Nation[.] I am an artist[.] On my birthday[, ] Rihanna posted on social media she was up to no good and f-u other harassing [sic] things on her fB account.

(Complaint, ECF No. 3 at 5.) Plaintiff seeks $1 million in damages. (ECF No. 3 at 6.)

         B. Legal Standards

         The court must liberally construe the factual allegations of Plaintiff's Complaint because pro se pleadings, “however inartfully pleaded, must be held to less stringent standards than formal pleadings drafted by lawyers.” Erickson v. Pardus, 551 U.S. 89, 94 (2007) (internal quotation omitted); Haines v. Kerner, 404 U.S. 519, 520 (1972). In addition, the court should “‘apply the applicable law, irrespective of whether a pro se litigant has mentioned it by name.'” Higgins v. Beyer, 293 F.3d 683, 688 (3d Cir. 2002) (quoting Holley v. Dep't of Veterans Affairs, 165 F.3d 244, 247-48 (3d Cir. 1999)).

         This Court must also review Plaintiff's Complaint in accordance with the amendments promulgated in the Prison Litigation Reform Act (PLRA), Pub. L. No. 104-134, 110 Stat. 1321 (1996). Although Plaintiff's claims do not appear to arise from an incarceration, the amendments to the PLRA codified at 28 U.S.C. § 1915 apply to non-incarcerated individuals who have been granted in forma pauperis (“IFP”) status. See Powell v. Hoover, 956 F.Supp. 564, 566 (M.D. Pa. 1997) (holding that federal in forma pauperis statute is not limited to prisoner suits); Floyd v. United States Postal Serv., 105 F.3d 274, 276 (6th Cir. 1997) (holding that non-prisoners have the option to proceed in forma pauperis), superseded on other grounds by Callihan v. Schneider, 178 F.3d 800 (6th Cir. 1997). Pursuant to 28 U.S.C. § 1915(a), Plaintiff is eligible for and has been granted leave to proceed in forma pauperis. Thus, her allegations must be reviewed in accordance with the directives provided in 28 U.S.C. § 1915(e).

         Pertinent to the case at bar is the authority granted to federal courts for the sua sponte dismissal of claims in IFP proceedings. Specifically, § 1915(e), as amended, requires the federal courts to review complaints filed by persons who are proceeding in forma pauperis and to dismiss, at any time, any action that is frivolous or malicious. “[A] complaint . . . is frivolous where it lacks an arguable basis either in law or in fact.” Neitzke v. Williams, 490 U.S. 319, 325 (1989); Hawkins v. Coleman Hall, C.C.F., 453 Fed.Appx. 208, 210 (3d Cir. 2011) (“An appeal is frivolous when it lacks an arguable basis either in law or fact.”) (citing Neitzke, 490 U.S. at 325). Thus, under § 1915(e)(2)(B), courts are “authorized to dismiss a claim as frivolous where ‘it is based on an indisputable meritless legal theory or where the factual contentions are clearly baseless.'” O'Neal v. Remus, No. 09-14661, 2010 WL 1463011, at *1 (E.D. Mich. Mar. 17, 2010) (quoting Price v. Heyrman, No. 06-C-632, 2007 WL 188971, at *1 (E.D. Wis. Jan. 22, 2007) (citing Neitzke, 490 U.S. at 327)).

         C. ...


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